Acts and Regulations

2010-132 - General

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2010-132
under the
Heritage Conservation Act
(O.C. 2010-453)
Filed August 31, 2010
Under section 101 of the Heritage Conservation Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1 This Regulation may be cited as the General Regulation - Heritage Conservation Act.
Definition of “Act”
2 In this Regulation,“Act” means the Heritage Conservation Act.(loi)
ARCHAEOLOGICAL OBJECTS
Criteria for archeological objects
3The following criteria are prescribed for the purpose of the definition “archaeological object” in section 1 of the Act:
(a) the object is associated with the military history of the Province;
(b) the object is at least 50 years old, in the case of a wrecked or abandoned vessel or aircraft, or the cargo of any of these;
(c) the object is at least 75 years old, in the case of a motor vehicle; and
(d) the object is at least 100 years old, in the case of any other object.
AMATEUR ARCHAEOLOGISTS OR PALAEONTOLOGISTS
Amateur archaeologist - authorized activities
4(1) An amateur archaeologist permit issued with respect to land authorizes the permit holder to undertake any of the following archaeological activities that are specified in the permit:
(a) to conduct a survey at the surface of the land; and
(b) to collect archaeological objects from the surface of the land.
4(2) An amateur archaeologist permit issued with respect to a watercourse or permanent body of water authorizes the permit holder to conduct a survey beneath the surface of the watercourse or permanent body of water.
Amateur palaeontologist - authorized activities
5An amateur palaeontological permit authorizes the permit holder to undertake any of the following palaeontological activities that are specified in the permit:
(a) to conduct a survey at the surface of the land;
(b) to collect palaeontological objects from the surface of the land;
(c) to conduct a survey that requires excavation from rock or unconsolidated sediment; and
(d) to collect palaeontological objects that require excavation from rock or unconsolidated sediment.
PROVINCIAL HERITAGE PLACE DESIGNATION
Provincial heritage place designation criteria
6 The Minister may designate a place as a provincial heritage place if the place
(a) is associated with a person, organization, event or theme that
(i) had a significant impact on provincial heritage, or
(ii) illustrates an important aspect of human history in the Province;
(b) has political, social, cultural, scientific or political significance at an international, national or provincial level;
(c) exhibits excellence in architecture, engineering, functional design, construction or craftsmanship for a particular period;
(d) exhibits or represents rare, unique, representative or early examples of style, type, expression, material or construction method;
(e) yields or has the potential to yield information that significantly contributes to the understanding of provincial history and heritage;
(f) is of aesthetic, visual or contextual importance at a provincial level;
(g) is a landmark of provincial significance;
(h) by itself, or with other places, represents a district or cultural landscape that is significant to human history in the Province; or
(i) by itself, or with other places, represents an important phase, pattern or aspect of settlement in or development of the Province.
FORMS
Permits
7(1)An application for an archaeological field research permit shall be in Form 1.
7(2)An application for a palaeontological field research permit shall be in Form 2.
7(3)An application for a site alteration permit shall be in Form 3.
7(4)An application for an amateur archaeologist permit shall be in Form 4.
7(5)An application for an amateur palaeontologist permit shall be in Form 5.
N.B. This Regulation is consolidated to August 31, 2010.